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In re Bell

United States District Court, W.D. North Carolina

June 21, 2019

IN RE HONORABLE KENNETH D. BELL, PRESIDING JUDGE REFERRALS AND DESIGNATION OF DUTIES TO MAGISTRATE JUDGES IN THE WESTERN DISTRICT OF NORTH CAROLINA.

          KENNETH D. BELL, UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court on its own motion regarding the referral of motions and the designation to perform certain duties to United States Magistrate Judges serving in the Western District of North Carolina, either by commission or designation, in accordance with 28 U.S.C § 636.

         I. CRIMINAL CASES

         REGARDING CRIMINAL CASES, IT IS ORDERED THAT pursuant to 28 U.S.C § 636 (a) and (b), and Local Criminal Rule 59.1, Magistrate Judges shall be referred and are hereby designated to perform the following duties:

         (1) To accept guilty pleas or conduct trials on misdemeanor and petty offenses for which the maximum term of imprisonment is one year or less, if the defendant has consented to proceed before a Magistrate Judge and if such consent is necessary under 28 U.S.C. § 636 or 18 U.S.C. § 3401.

         (2) To accept tendered guilty pleas on felony offenses subject to acceptance by the District Judge. On a case-by-case basis, and for the convenience of the parties, the undersigned may accept guilty pleas at other times, including regularly scheduled terms of court.

         The Magistrate Judge may make the 18, United States Code, Section 3143, determination of release or detention after acceptance of the plea, including whether exceptional circumstances exist under Section 3145(c). The Magistrate Judge may further review that determination up to the day of sentencing upon the filing of any motion for reconsideration.

         Any appeal or motion to review a Magistrate Judge's bond determination or conditions shall be directed to the District Judge. However, a Magistrate Judge may also review his or her own bond determination at any time either sua sponte or upon motion for reconsideration by either party.

         (3) To conduct hearings pursuant to 18 U.S.C. § 3142, and 28 U.S.C. § 636(a)(2); provided that upon notice that a party intends to file a motion for revocation of a release order or amendment of the conditions of release, pursuant to 18 U.S.C. § 3145, any release order shall be stayed pending disposition by the District Judge.

         (4) To enter a final order on any other non-dispositive criminal pretrial motions, subject only to review by the District Judge for clear error (if properly appealed);

         (5) To make findings of fact, conclusions of law, and to recommend disposition of any dispositive criminal motion, excluding motions to suppress evidence, through submission of a Memorandum and Recommendation to the District Judge. All motions to suppress shall be directed to the District Judge; and

         (6) To perform all other duties as authorized in Local Criminal Rule 59.1 that are not contrary to the specific duties as set forth within this order.

         IT IS FURTHER ORDERED THAT:

         (1) Beginning two (2) weeks prior to calendar call for any trial term (or peremptory setting), all trial-related motions such as motions in limine, motions for issuance of subpoenas pursuant to Rule 17(b), Federal Rules of Criminal ...


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